Lyte Terms of Service

Effective: December 1, 2016

Lyte Seller terms of service

These Lyte Ticket Selling Service Terms of Service (these “Terms”) are entered into between Lyte, Inc., a Delaware corporation (“Lyte” or “we” or “us”), and you (“you”). These Terms govern your use of the lyte.com website (the “Lyte Website”), and the Lyte Ticket Selling Service accessed through the Lyte Website (the “Service”). You accept these Terms by either (1) clicking to agree or accept where these options are presented to you, or (2) actually using the Lyte Website or the Service. If you do not agree to these Terms, do not use the Lyte Website or the Service. Your use of the Lyte Website and the Service is also governed by the Lyte Privacy Policy.

Your Use of the Service

The Service allows you (a) to submit to us a request for a buyback purchase offer for an unused electronic ticket to a sports, music, theatre or other event (each, a “Ticket”) that you would like to sell, and (b) if we agree to purchase the Ticket and you agree to our proposed Ticket purchase price and, if prompted, upload your Ticket to the Lyte website, to sell the Ticket to us.

To submit a Ticket to the Service: you must request a buyback purchase offer price through the Lyte website. We will instantly notify you whether we are willing to purchase your Ticket and, if so, at what price. The price quoted to you will be net of all fees incurred by us for providing the Service. If you accept our proposed purchase price and if prompted, upload the Ticket through the Lyte website, and provided that you comply with these Terms and that the applicable event is not cancelled or postponed, we will initiate a transfer of the purchase price to your PayPal account within one business day after the date of the applicable event. You acknowledge and understand that there may be a delay, after we initiate the transfer, before PayPal credits your account with the transferred funds.

In the event that, in our reasonable judgment, we decide to investigate a possible violation of these Terms or our policies, including without limitation a complaint received from a subsequent third-party purchaser of your Ticket, you agree to cooperate fully with such investigation and to provide us specific information regarding your right to a Ticket, the source of a Ticket, your acquisition of a Ticket, and the price you paid for a Ticket. We reserve the right to suspend a payment to you for a Ticket purchased by us pending our investigation. In that case, we will inform you within five business day after the date of the applicable event of our pending investigation.

We reserve the right to withhold a payment to you for a Ticket purchased by us if: (a) we have a good faith basis to believe you are in material breach of these Terms; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation under Section 1.3; or (c) we are unable, despite our commercially reasonable efforts, to verify or authenticate any material information you provide.

In addition, we reserve the right to withhold a payment to you for a Ticket purchased by us if the applicable event is cancelled or postponed in whole or in part. You acknowledge and understand that, if the event is cancelled or postponed, it is your responsibility to request a refund, if one is available, from the original ticket seller or the event organizer. Notwithstanding the foregoing, if the event is cancelled in part (but not in whole) we may, in our sole discretion and without any obligation on our part, work out an agreement with a subsequent third-party purchaser of your Ticket for a partial refund of the price that party paid to us and pay to you a portion of the purchase price we originally quoted to you.

For events where the original ticket issuer is Ticketfly and your tickets were imported automatically by connecting to Ticketfly, Section 1.5 shall not apply. Instead, if the applicable event is cancelled, Lyte will adjust its payment amount to the original face value of the ticket(s) and provide the payment directly to you.

Who May Use the Service

You may use the Service only if you meet all of the following eligibility requirements:

You must be 18 years or older.

You must have access to a compatible computer, smartphone, mobile device or other device that is supported by our platform.

We reserve the right to change eligibility requirements or to terminate any person’s right to use the Service at any time in our sole discretion.

Your Account

To receive the offer price for a Ticket we have purchased from you, you must register through our application to establish an account with us. You are responsible for providing us with accurate information and updating your account as necessary to keep it current. Each person may have only one account, and you may not share your account with any other person. Your account is non-transferrable.

Ticket Acceptance Criteria

We reserve the right, in our sole discretion, to accept for purchase or to reject any Ticket you submit for our review through the Service. We accept only Tickets that are in electronic (digital) form and that are transferable. We will reject Tickets that we determine may not legally be sold in their respective jurisdiction, relate to unlawful activity, are likely to cause illegal, inappropriate or fraudulent behavior by the buyer or the seller, or infringe intellectual property or other rights of others, and we may reject Tickets for any other reason in our discretion.

Your Covenants, Representations and Warranties

Each time you use the Service, you agree, represent and warrant to us that:

You meet all of the eligibility requirements for using the Service.

All of the information provided to us in your account and in connection with your use of the Service is current and accurate, and is not fraudulent or misleading.

Your use of the Service fully complies with these Terms and with all applicable local, state, provincial, national, and international laws, rules, and regulations.

You own all rights or have all permissions necessary to sell the Tickets you submit through the Service.

Your use of the Service does not infringe the copyright, trademark, trade secret other intellectual property or proprietary rights, or privacy, publicity, or other rights, of any third party.

Your use of the Service does not breach any duty of confidentiality that you owe to any third party.

Your use of the Service does not involve the sale of counterfeit or stolen items.

Your use of the Service does not promote discrimination, hatred or violence against specific groups of people.

Your use of the Service does not promote any illegal activities.

You agree that, upon your acceptance of our offer to purchase a Ticket at our quoted price, ownership of the Ticket will pass to us, and you will (a) not sell or attempt to sell such Ticket to any third party, (b) use or permit any third party to use such Ticket, (c) change, cancel or invalidate such Ticket, or (d) take any other action inconsistent with our rights to such Ticket. You agree that, upon your acceptance of our offer to purchase a Ticket at our quoted price, you will promptly forward to us, via email sent to sell@lyte.com all communications received by you, before or after our purchase of the Ticket, from the event organizer, ticket seller or any other third party that is materially relevant to the holder of the Ticket, including without limitation informational communications and communications that grant additional rights or privileges (such as VIP access and amenities).

You agree that Lyte and/or third parties own all right, title and interest in and to the Lyte Website and the Service, including without limitation all applicable intellectual property rights. You agree that you will not, and will not allow any third party to, (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, unless otherwise permitted, (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Service, (c) use the Service to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (d) remove, obscure, or alter Lyte’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service. You agree that you will not (a) engage in any activity that interferes with or disrupts the Lyte Website or the Service (or the servers and networks that are connected to the Service), (b) use the Service in a way that interferes or disrupts any servers, networks, or websites operated by us or any third-party or (c) use any data mining, “bots,” “spiders” or similar data gathering and extraction tools.

Our Provision of the Service

You agree that we may stop (permanently or temporarily) providing the Service to you or to users generally at our sole discretion, without prior notice to you.

Third-Party Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Lyte Website links, and that link to the Lyte Website. We do not have any control over those third-party websites, and are not responsible for their contents or their use. By linking to a third-party website, we do not represent or imply that we endorse such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of any third-party website.

Your Personal Information

In order to use the Lyte Website or the Service, you may be required to provide information about yourself such as your name, email address, telephone number and PayPal payment account information (“Personal Information”). You agree that any Personal Information you provide to us will always be accurate, correct and up to date. All Personal Information provided will be subject to the Lyte Privacy Policy.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Lyte, its affiliates and their respective directors, officers, employees and agents from and against any and losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of third party claims, actions, suits or proceedings related to (a) your use of the Lyte Website or the Service, (b) your breach of these Terms or (c) your violation of applicable laws or the rights of any third party.

Modifications to Terms

We may make changes to these Terms from time to time. We may post such modified Terms on the Lyte Website or communicate modifications by email or text messages. Your continued use of the Lyte Website or the Service following the posting or communication of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms, or any modified versions thereof, you may not use the Lyte Website or the Service.

Export Restrictions; Tax Laws

The Service may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Service, and that the reporting and payment of any such applicable taxes are your responsibility.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LYTE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE LYTE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOUR USE OF THE LYTE WEBSITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE LYTE WEBSITE AND THE SERVICE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE LYTE WEBSITE OR THE SERVICE, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE FOREGOING LIMITATION OF DAMAGES, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED $50.

General Legal Terms

These Terms and the Lyte Privacy Policy constitute the whole legal agreement between you and us and govern your use of the Lyte Website and the Service, and completely replace any prior agreements between you and us in relation to the Lyte Website and the Service.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

We may assign or transfer these Terms at any time. You may not assign or transfer these Terms, or any of your rights or obligations, without our prior written consent, which we can refuse in our sole discretion.

These Terms and your relationship with us under these Terms shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located within New York, New York to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or your use of the Lyte Website or the Service.